B-197230,(MRV),L/M, MAY 5, 1980

B-197230,(MRV),L/M: May 5, 1980

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OFFICE OF GENERAL COUNSEL ANGELO ARCADIPANE: THIS IS IN RESPONSE TO A REQUEST (COPY ENCLOSED) FROM THE FORMER GENERAL COUNSEL OF THE PROFESSIONAL AIRWAYS SYSTEMS SPECIALISTS (PASS) CONCERNING THE DECISION OF THE FEDERAL AVIATION ADMINISTRATION (FAA) TO REFUSE TO HONOR REQUESTS FOR DUES REVOCATION FOR A PERIOD OF 1 YEAR. WE ARE NOT ISSUING A FORMAL DECISION ON THIS MATTER. THE DECISION OF THE FAA IS APPARENTLY BASED UPON AN OPINION OF THE FEDERAL LABOR RELATIONS AUTHORITY. THE REQUEST FROM PASS IS THAT. AGENCIES ARE SET FORTH IN THE FEDERAL SERVICE LABOR MANAGEMENT RELATIONS STATUTE (TO BE CODIFIED IN 5 U.S.C. UNDER THE PROVISIONS OF SECTIONS 7104 AND 7118 THE GENERAL COUNSEL OF THE FLRA IS AUTHORIZED TO INVESTIGATE AND PROSECUTE UNFAIR LABOR PRACTICE COMPLAINTS.

B-197230,(MRV),L/M, MAY 5, 1980

OFFICE OF GENERAL COUNSEL

ANGELO ARCADIPANE:

THIS IS IN RESPONSE TO A REQUEST (COPY ENCLOSED) FROM THE FORMER GENERAL COUNSEL OF THE PROFESSIONAL AIRWAYS SYSTEMS SPECIALISTS (PASS) CONCERNING THE DECISION OF THE FEDERAL AVIATION ADMINISTRATION (FAA) TO REFUSE TO HONOR REQUESTS FOR DUES REVOCATION FOR A PERIOD OF 1 YEAR. WE ARE NOT ISSUING A FORMAL DECISION ON THIS MATTER, BUT WE OFFER THE FOLLOWING COMMENTS FOR YOUR INFORMATION.

THE DECISION OF THE FAA IS APPARENTLY BASED UPON AN OPINION OF THE FEDERAL LABOR RELATIONS AUTHORITY, FLRA NO. O-PS-1, APRIL 19, 1979, WHICH INTERPRETED THE APPLICATION OF SECTION 7115(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE, PUB. L. 95-454, 92 STAT. 1203, TO DUES ASSIGNMENTS IN EFFECT ON JANUARY 11, 1979. THE FLRA OPINION STATED THAT SECTION 7115(A), WHICH GENERALLY PERMITS REVOCATION OF DUES ASSIGNMENTS ONCE A YEAR, WOULD NOT APPLY TO EXISTING COLLECTIVE BARGAINING AGREEMENTS WHERE THE PARTIES AGREE TO RENEW OR CONTINUE REVOCATION OF DUES ASSIGNMENTS AT 6-MONTH INTERVALS. HOWEVER, WHERE A LABOR ORGANIZATION OR AN AGENCY OBJECTS TO SUCH RENEWAL OR CONTINUATION, THE FLRA OPINION STATED THAT THE 1-YEAR PERIOD IN SECTION 7115(A) WOULD APPLY. IT APPEARS THAT THE FAA CHOSE THE LATTER COURSE OF ACTION AND REFUSED TO ACCEPT REQUESTS FOR REVOCATION OF DUES ASSIGNMENTS IN SEPTEMBER 1979. THE REQUEST FROM PASS IS THAT, IN EFFECT, WE OVERTURN THE DETERMINATIONS OF THE FAA AND FLRA.

WITH THE ENACTMENT OF PUB. L. 95-454, 92 STAT. 1192, THE RIGHTS AND OBLIGATIONS OF EMPLOYEES, LABOR ORGANIZATIONS, AND AGENCIES ARE SET FORTH IN THE FEDERAL SERVICE LABOR MANAGEMENT RELATIONS STATUTE (TO BE CODIFIED IN 5 U.S.C. SECS. 7101-7135). UNDER THE PROVISIONS OF SECTIONS 7104 AND 7118 THE GENERAL COUNSEL OF THE FLRA IS AUTHORIZED TO INVESTIGATE AND PROSECUTE UNFAIR LABOR PRACTICE COMPLAINTS. FINAL ORDERS OF THE FLRA ARE SUBJECT TO JUDICIAL REVIEW UNDER SECTION 7123.

WE HAVE REVIEWED THIS REQUEST CONCERNING THE DISPUTE BETWEEN PASS AND FAA ON REVOCATION OF DUES ASSIGNMENT, AND WE BELIEVE THIS MATTER SHOULD BE PRESENTED TO THE FLRA EITHER BY REQUESTING RECONSIDERATION OF THE FLRA OPINION OR FILING AN UNFAIR LABOR PRACTICE CHARGE.